Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 50/08
Determination date 28 April 2008
Member G J Wood
Representation B Buckett ; P Churchman
Location Wellington
Parties Choveaux v Accident Compensation Corporation
Summary COSTS - Partially successful personal grievance - Two day investigation meeting - Applicant claimed $30,000 costs - Applicant relied on respondent’s refusal to reinstate applicant, personal attacks made on applicant, and successful unjustified dismissal claim - Respondent raised concern about eight month delay in applicant claiming costs - Respondent claimed applicant made no offer to settle, unsuccessful in claims for reinstatement and unjustified disadvantage, which occupied much time before Authority, and was finding of contributory conduct - Authority found not case justifying indemnity costs - Authority accepted lot of time in investigation meeting spent scrutinising unsuccessful unjustified disadvantage claim - Respondent entitled to some credit in costs setting for its success, but was necessary to traverse a lot of that material as background to unjustified dismissal - Costs to lie where they fall with respect to that part of claim - No deduction made for lateness of costs claim - In all circumstances Authority concluded appropriate contribution to applicant’s costs was $3,000
Result Costs in favour of applicant ($3,000)
Main Category Costs
Number of Pages 3
PDF File Link: wa 50_08.pdf [pdf 17 KB]